Mobile homes and ground for possession of plot

12 Feb 2013

Simon Allison appeared this month in what appears to be the first ever determination by the Residential Property Tribunal under paragraph 5A(2)(a) of Part 1, Chapter 2 of Schedule 1 to the Mobile Homes Act 1983. Whilst we are sure you all are very familiar with the provision, it provides a means by which a site owner may recover possession of a plot, namely on the grounds that the condition of the mobile home is such that it is having a detrimental effect upon the amenity of the site as a whole.

In other words, is it an eyesore when compared to the rest of the site. The procedure requires a yes/no determination from the Tribunal, with a further application to the county court required to obtain possession, where issues of reasonableness will be considered.

In Simon's case CAM/11UC/PHD/2012/0001, in which he acted for the Respondent site owner, the Tribunal found that the condition of the Respondent's home was detrimental, but exercised their power to give the Respondent a specified period in which to carry out works of repair and improvement which he had indicated an intention to carry out.

The decision can be found here.


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